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HHS/FDA RIN: 0910-AJ04 Publication ID: Spring 2025 
Title: ●Update of FDA Regulations Implementing the Procedural Provisions of the National Environmental Policy Act 
Abstract:

This rule will update FDA's existing National Environmental Policy Act (NEPA) regulations under 21 CFR part 25, Environmental Impact Considerations. The updates include removal of references to, and reliance upon, Council on Environmental Quality (CEQ) regulations 21 CFR parts 1500 through 1508; per Executive Order 14154, removal of FDA’s NEPA regulation on environmental effects abroad of major agency actions, 21 CFR 25.60; incorporation of statutory deadlines and page limits for streamlined reviews as mandated in the Fiscal Responsibility Act of 2023 (Public Law 1185); new and updated categorical exclusions that specify classes of actions that ordinarily do not require the preparation of an environmental assessment or environmental impact statement; and new and amended definitions and other conforming changes as warranted to improve clarity and prevent confusion. FDA is taking this action in response to Executive Order 14154, Unleashing American Energy, and the subsequent guidance issued on February 19, 2025, by CEQ entitled "Implementation of NEPA."

 
Agency: Department of Health and Human Services(HHS)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 14192 Designation: Deregulatory 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 21 U.S.C. 371(a)    21 U.S.C. 379o    21 U.S.C. 360ccc–1(c)(1)(E)   
Legal Deadline:
Action Source Description Date
Final  Statutory  Per CEQ February 19, 2025, Memo for Heads of Federal Departments and Agencies  02/19/2026 

Overall Description of Deadline: Executive Order 14154 directed CEQ to provide guidance to agencies on implementing NEPA and to propose rescinding CEQ's NEPA regulations found at 40 CFR 1500 et seq.

Timetable:
Action Date FR Cite
Direct Final Rule  02/00/2026 
NPRM - Companion to Direct Final Rule  02/00/2026 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Annette McCarthy
Lead Biologist, NEPA Specialist
Department of Health and Human Services
Food and Drug Administration
Human Foods Program, 5001 Campus Drive,
College Park, MD 20740
Phone:240 402-1057
Email: annette.mccarthy@fda.hhs.gov